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View Full Version : Termination of lease for health reasons


rheisey18
Mar 29, 2009, 12:05 PM
My wife was diagnosed with rheumatoid arthritis. We have a one year lease that renews itself every year. She has great difficulty going steps and we live in an old house with very dangerous steps. She has fallen down them several times in the past month or so. Her doctor does not want her going steps anymore and has advised us to move to a one story house. We gave written notice to our landlady and explained why we must break the lease. She refuses to break the lease and basically has stated that she is sorry for my wife's health problem, but basically that is our problem not hers. This is causing both of us a lot of stress, but has really been a lot of stress for my wife. Do we have a legal right to terminate the lease. We have been very good tenants. The rent is always paid on time. We have made a lot of improvements on the property at our own expense. We need help so that I can move my wife to a safer place.

twinkiedooter
Mar 29, 2009, 04:27 PM
Health reasons would mean if you two were going to move to a nursing home. Then it would be justified to end your lease. Just moving into a one level apartment is not enough to warrant you getting out of your lease. Unfortunately your landlord is correct. It's your problem, not hers.

Fr_Chuck
Mar 29, 2009, 05:01 PM
No, you may have to move a bed down to the living room so she does not have to go upstairs in the home.

ScottGem
Mar 29, 2009, 05:55 PM
Health reasons are generally not allowed as a reason to break the lease.

The only hope you have might be a ADA case.

You really jumped the gun, here by assuming your wife's health problems would let you out of the lease. Had you handled it differently, you might have managed this.

What you need to do now is go back to the landlord and ask her what it will take to let you out of the lease. She might accept a buyout (usually 2 months rent). Or you might sublet, if your lease allows. Another option is to try and find a replacement tenant that she will agree to.